5 days ago
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A war of words has erupted between two of Belize’s leading legal organizations over the process used to appoint judicial officers. The Association of Defence Attorneys, ADA, has responded to the Bar Association of Belize, which expressed outrage over concerns raised by the ADA regarding recent appointments to the Criminal Bench. The Bar Association described the ADA’s comments as egregious and accused the organization of seeking to undermine the constitutional process. It argued that judicial appointments fall under an independent Judicial and Legal Services Commission, which is intended to shield the process from political interference. The Bar also defended the selection procedure, saying vacancies are publicly advertised, eligible attorneys from Belize and the wider CARICOM region may apply, and candidates are interviewed and evaluated according to the commission’s internal criteria. It rejected suggestions of partiality and said judicial appointments should not be influenced by nationality or favouritism. The ADA, however, says the Bar Association has misunderstood its position. ADA Secretary Orson “O.J.” Elrington says the association is not asking the Government to interfere with the commission, but is demanding greater transparency and confidence in the appointment process.
Orson Elrington, Attorney: “Dickie’s position is it will not change it because you will want to be one person against these. So that is his position. Now, while that in principle is it, at least to what we have been saying, we would be involved in it. We would know the process. We would just like we’re doing not be able to say this is our position and we can publicly state our position to say no, we did not agree with that. But of course the majority went with it, but we do not agree with that. Now Dickie said two things. My good senior said two things. The constitution says the Bar Association. This is why, and we won’t get into, as Courtney says the legality of it, right? Because this is why I’m saying it’s not a request, it’s a demand. The constitution says the Bar Association. When that was written, there was only one association, one bar. The bar Association is the private bar, meaning there are two associations. So we should, as I said, in the sugar canes it is an entitlement by law. It is not a request. It is a demand for which, and I will say it the Attorney General of Belize, the legal representative has for years given his commitment that they will make the changes. The last time they said, they were in the process of doing the constitutional review. So let’s just do it all together. That was the commitment. So we are not just coming with something new which has not been a discussion.”
The Defence Attorneys Association says Belize has several competent and experienced practitioners who are capable of serving on the bench and whose applications should receive proper consideration. It argues that concerns surrounding the latest appointments are particularly relevant because they involve the criminal courts. According to the ADA, attorneys who practise daily in those courts possess first-hand knowledge of the qualities and experience required of judicial officers assigned to criminal matters. The ADA also questioned the Bar Association’s intervention, arguing that the organization does not appear in the criminal courts and has historically declined court-assigned criminal cases. It further criticized the Bar for showing what it calls limited public urgency over court delays, case backlogs and the challenges ordinary Belizeans face in accessing justice. The association maintains that judicial independence and transparency in appointments are not competing principles. It says both are necessary to preserve public confidence in Belize’s justice system.
English (US) ·